SHANTI CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed by the widow of Late Gauri Shankar Choubey, who died in harness on 20.6.1996 while posted as Marketing Officer at Hilsa in Nalanda district. The petitioner is aggrieved by the order of the Government, contained in letter no. 3764 dated 4.9.2001 (Annexure14), issued by the Deputy Secretary, Food, Supply and Commerce Department, Government of Bihar, wherein it is stated that as per the information received from the District Magistrate, Nalanda, a sum of Rs.31,823/ - against the advance given to the deceased while posted at Hajipur Subdivision is recoverable, besides the dues amount as reported by the State Food Corporation against the deceased.

(2.) THE details with respect to advance mentioned in the said letter are of 3.2.1982, 14.9.1983, 19.12.1984, 19.12.1984 and 17.11.1989. The first amount of Rs.200/ - is shown as advance for doing Pairvi in the case and the second amount of Rs.250/ - is shown as advance for relief work. The remaining three amounts have been shown as advance in connection with election work.

(3.) EARLIER , on 31.8.2004 the matter was adjourned on the request of the learned counsel for the respondents for listing in the next week and meanwhile, the respondents were directed to re -consider the grievance of the petitioner and take appropriate decision afresh keeping in view the law and the facts and circumstances of the case. On 8.9.2004 when the matter was heard and order was reserved, Mr. Pradhan, learned counsel appearing for the Corporation fairly submitted that the Corporation shall recall the impugned order (Annexure 15) with liberty to take any other legal action as permissible in law. Such grievance of the petitioner in so far as against Annexure 15 is concerned, that stands redressed as obviously no action is permissible either under rule 43(b) of the Bihar Pension Rules or even the money suit is barred as the claim obviously relate to the period beyond three years and also in view of the law settled by this Court in the case of Radha Jha V/s. State of Bihar, reported in 2003(1) PLJR 679.